LAWS(JHAR)-2012-4-32

M/S TATA IRON & STEEL COMPANY LIMITED, JAMSHEDPURM/S TATA STEEL LTD Vs. STATE OF JHARKHAND AND OTHERS THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY

Decided On April 23, 2012
M/s Tata Iron And Steel Company Limited, Jamshedpurm/s Tata Steel Ltd. Appellant
V/S
State Of Jharkhand And Others The State Of Jharkhand Through The Principal Secretary, Department Of Respondents

JUDGEMENT

(1.) The two writ petitions are heard together and decided by this common judgment as the controversy involved is one and the same. In W.P.(C) No. 1981 of 2003, the order passed under challenge is dated 05.08.2002 passed by Respondent No. 5- Assistant Settlement Officer, Jamshedpur, East Singhbhum, in Case No. 464 of 2001-02 under Section 90 of the Chota Nagpur Tenancy Act (Annexure- 7 to the writ petition).

(2.) W.P.(C) No. 6816 of 2005 is the consequential letter issued, pursuant to the aforesaid order, vide letter No. 305/Ra dated 05.09.2005, by the Principal Secretary, Department of Revenue and Land Reforms, Government of Jharkhand to the Deputy Commissioner, East Singhbhum (Annexure- 1) and letter No. 5/Sa. Bhu.Pu. Singh-54/05-3553/Ra dated 27.10.2005 from the Deputy Secretary, Department of Revenue and Land Reforms, Government of Jharkhand to the Deputy Commissioner, East Singhbhum and also letter No. 5/Sa. Bhu.Pu. Singh-54/05-3650/Ra dated 10.11.2005 (Annexure- 3) and General Notice dated 19.11.2005 (Annexure 4) whereby the authorities of the respondent-State are bent upon releasing the R.S. Plot Nos. 1566, 1567, 1568, 1569, 1570 and 1572, Khata No. 40 in Mauza- Khuntadih measuring an area of 5.26 acres, which stand statutorily leased to the petitioner, treating the said land to be raiyati land and allotting the same in favour of Respondent Nos. 6 and 7.

(3.) Heard Shri Binod Kanth, Sr. Advocate, assisted by Mr. G.M. Mishra and Mr. Umesh Mishra, Advocates on behalf of the petitioner- M/s Tata Iron & Steel Co. Ltd., Shri V. Shivnath, Sr. Advocate, assisted by Mr. Birendra Kumar Advocate on behalf of Respondent Nos. 5 & 6, Shri V.K. Prasad, S.C. (L & C) on behalf of the State and Shri Rohit Roy, Advocate on behalf of Respondent No. 8.